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HomeMy WebLinkAbout02-05-2019 Item 13 - Development of Groundwater Sustainability Plan Department Name: Utilities Cost Center: 6001 For Agenda of: February 5, 2019 Placement: Consent Estimated Time: N/A FROM: Aaron Floyd, Interim Utilities Director Prepared By: Jennifer Metz, Utilities Projects Manager SUBJECT: NOTIFICATION OF INTENT TO INITIATE DEVELOPMENT OF GROUNDWATER SUSTAINABILITY PLAN RECOMMENDATION 1. Acting as the City of San Luis Obispo Groundwater Sustainability Agency, approve the Notification of Intent to initiate development of a Groundwater Sustainability Plan for the San Luis Obispo Valley Groundwater Basin; and 2. Authorize the Mayor to sign the Notification of Intent to the California Department of Water Resources, the California Public Utilities Commission, and the County of San Luis Obispo. DISCUSSION The City is working in collaboration with the County of San Luis Obispo Groundwater Sustainability Agency (GSA) to create a single Groundwater Sustainability Plan (GSP) that provides full coverage of the SLO Basin. This GSP must be submitted to California Department of Water Resources (DWR) by January 31, 2022. In accordance with California Water Code Section 10727.8 and the Title 23, Section 353.6 of the California Code of Regulation, the City, acting as the City of San Luis Obispo Groundwater Sustainability Agency, is requ ired to provide written notification to the DWR and the legislative body of any City and/or County within the geographic area covered by the GSP that it intends to initiate development of a GSP. It is required that the County, as the only other GSA in the SLO Valley Basin, will also submit a Notification of Intent (NOI) to develop a GSP. The County of San Luis Obispo Board of Supervisors took this step in October 2018. Staff has prepared the attached Notification of Intent (Attachment B) consistent with t he requirements of the Water Code Section 10727.8 and the Title 23, Section 353.6 of the California Code of Regulation and recommends that the Council approve and authorize the Mayor to sign the NOI so that staff can send the notification to appropriate entities and development of the GSP can proceed. Approval of the recommended action will ensure the City will remain in compliance under SGMA and will enable continued collaboration with the County. Background Use of available groundwater resources contributes to resiliency in the City of San Luis Obispo’s water supply portfolio. The Sustainable Groundwater Management Act (SGMA) is a statewide law that requires GSAs to adopt groundwater management plans that relate to the needs and resources of their communities. Packet Pg. 320 Item 13 Previous Council or Advisory Body Action In May 2017, the City Council approved Resolution 10796 (Attachment A) authorizing the City to become a GSA for the San Luis Obispo Valley Groundwater Basin for the area that lies beneath and within the City’s jurisdictional boundaries. Policy Context Consistent with General Plan, Water and Wastewater Management Element, Policy A2.2.1, the City utilizes multiple water resources to meet its water supply needs, including groundwater resources. Under Program A2.3.1, the City works cooperatively on regional water issues and water resource planning, including working with the County of San Luis Obispo on groundwater sustainability planning consistent with SGMA. Public Outreach It is anticipated that the GSP consu ltant, once retained by the County, will develop a stakeholder outreach and engagement plan. Interested parties are encouraged to participate in the GSP development and can visit the County SGMA webpage at www.slocountywater.org/sgma, or via the City’s website, to get additional information, sign up for the interested stakeholder email list, and to see materials for past or upcoming meetings related to the GSP development. CONCURRENCES Community Development concurs with the environmental review findings. ENVIRONMENTAL REVIEW Adoption of the proposed Resolution is not a "project" under the California Environmental Quality Act (CEQA), because the action does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378. Packet Pg. 321 Item 13 FISCAL IMPACT Budgeted: Yes Budget Year: 2016-17 Funding Identified: Yes Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund State Federal Fees Other: Water Fund $200,000 Other: Proposition 1 Sustainable Groundwater Planning grant (with County of San Luis Obispo) 854,650 Total $1,054,650 There is no additional fiscal impact associated with the recommended action to approve the Notification of Intent to initiate development of a Groundwater Sustainability Plan for the San Luis Obispo Valley Groundwater Basin. In May of 2017, the City Council authorized the City Manager to approve use of up to $200,000 for expenditures related to the formation and administration of the GSA and the development of the GSP. No funding has been expended to date for the administration of the GSA and the development of the GSP. On May 7, 2018, the DWR notified the County that it was conditionally awarded an $854,650 grant under the Proposition 1 Sustainable Groundwater Planning grant funding program that will assist with the cost of the preparation of the GSP. This grant will also benefit the City and participating partners. Based on recent cost estimates from the County, it is anticipated that the current available funding ($200,000) is adequate for the City’s contribution (30 percent) to the development of the GSP. The total estimated cost for the GSP is $1,007,000. ALTERNATIVE The City Council could elect not to approve the Notification of Intent to initiate development of the GSP at this time. Staff does not recommend this alternative, as this is a legally required step. The City GSA must adopt and submit a GSP to DWR by January 31, 2022. Attachments: a - Resolution 10796 (2017 Series) b - Notification of Intent Packet Pg. 322 Item 13 RESOLUTION NO. 10796 (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE CITY TO BECOME A GROUNDWATER SUSTAINABILITY AGENCY FOR THE SAN LUIS OBISPO VALLEY GROUNDWATER BASIN FOR THE AREA THAT LIES BENEATH AND WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY OF SAN LUIS OBISPO WHEREAS, in 2014 the California Legislature and the Governor passed into law the Sustainable Groundwater Management Act (SGMA) for local management of groundwater resources in California through the formation of Groundwater Sustainability Agencies (GSAs) and through preparation and implementation of Groundwater Sustainability Plans (GSPs); and WHEREAS, the City overlies a portion of the San Luis Obispo Valley Groundwater Basin SLOVGB), which is subject to SGMA, and thus one or more GSAs must be formed for the SLOVGB by June 30, 2017, or the SLOVGB may be subject to regulation by the State Water Resources Control Board; and WHEREAS, the City is a "local agency" as that term is defined by SGMA, and as such is authorized to form a GSA to manage groundwater resources in the SLOVGB and within the City's jurisdictional boundaries in accordance with SGMA and other applicable laws and authorities; and WHEREAS, the City desires to form a GSA to manage groundwater resources in the SLOVGB beneath and within the City's jurisdictional boundaries; and WHEREAS, the City intends that its GSA will work cooperatively with the other GSAs that have formed or will be formed in the SLOVGB to prepare one or more GSPs by January 31, 2022, so that groundwater resources in the SLOVGB will be properly managed and sustainable in accordance with the provisions of SGMA; and WHEREAS, it is essential that the City form this GSA because SGMA grants GSAs substantial additional powers and authorities to ensure sustainable groundwater management. Acting as the GSA within the City's jurisdictional boundaries will, among other things, confirm the City's role as the local groundwater management agency, ensure access to SGMA authorities, and preserve access to grant funding and other opportunities that may be available to GSAs; and WHEREAS, pursuant to the requirements of SGMA, the City held a public hearing on this date after publication of notice pursuant to California Government Code section 6066 to consider adoption of this Resolution. R 10796 Packet Pg. 323 Item 13 Resolution No. 10796 (2017 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. All of the above recitals are true and correct and incorporated herein by reference. SECTION 2. The City of San Luis Obispo hereby elects to become the Groundwater Sustainability Agency in accordance with the Sustainable Groundwater Management Act over the portion of the San Luis Obispo Valley Groundwater Basin which lies under and within the jurisdictional boundaries of the City of San Luis Obispo. SECTION 3. The City Manager is authorized and directed to submit a notice of this Resolution along with all other required information to the California Department of Water Resources in accordance with the Sustainable Groundwater Management Act. SECTION 4. The City Groundwater Sustainability Agency shall consider the interests of all beneficial uses and users of the groundwater within the jurisdictional boundaries of the City and will develop an outreach program for all such stakeholders. The City Groundwater Sustainability Agency will continue to coordinate with other local agencies and stakeholders that overlie the San Luis Obispo Valley Groundwater Basin in order to manage groundwater resources. SECTION 5. The City Groundwater Sustainability Agency shall establish and maintain a list of persons interested in receiving notices regarding the City's involvement in the preparation of one or more Groundwater Sustainability Plans in the San Luis Obispo Valley Groundwater Basin, where any person may request in writing to be placed on the City's list of interested persons. SECTION 6. Resolution Number 10777 (2017 Series) is hereby repealed. Packet Pg. 324 Item 13 Resolution No. 10796 (2017 Series) Page 3 Upon motion of Council Member Pease, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Christianson, Gomez, and Pease Vice Mayor Rivoire and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of May, 2017. Mae& HAI Harmon ATTEST: Carrie Gallagher City Clerk APPROVED AS TO -FORM: istine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ,2-V day of , 2017. Carrie Gallagher City Clerk Packet Pg. 325 Item 13 City of San Luis Obispo, Public Utilities, 879 Morro Street, San Luis Obispo, CA, 93401-2710, 805.781.7215, slocity.org January 10, 2019 Trevor Joseph, SGM Section Chief California Department of Water Resources PO Box 94236-0001 Sacramento, CA 94236-0001 County of San Luis Obispo, Board of Supervisors 1055 Monterey Street San Luis Obispo, CA 93408 Bruce DeBerry, Program Manager California Public Utilities Commission Water Division, RM. 3106 505 Van Ness Avenue San Francisco, CA 94102-3298 SUBJECT: NOTIFICAITON OF INTENT TO INITIATE DEVELOPMENT OF GROUNDWATER SUSTAINABILITY PLAN FOR THE SAN LUIS OBISPO VALLEY GROUNDWASTER BASIN To Whom it May Concern: In accordance with California Water Code Section 10727.8 and the Title 23, Section 353.6 of the California Code of Regulations, the City of San Luis Obispo, acting as the San Luis Obispo Valley Groundwater Basin – City of San Luis Obispo Groundwater Sustainability Agency, hereby gives notice that it intends to initiate development of a Groundwater Sustainability Plan (GSP) in collaboration with the County of San Luis Obispo Groundwater Sustainability Agency for the San Luis Obispo Valley Groundwater Basin (3-009, SLO Basin). Two local public agencies, the City of San Luis Obispo (City) and the County of San Luis Obispo (County) formed Groundwater Sustainability Agencies (GSAs) resulting in full coverage of the SLO Basin. While GSAs were formed by the two local public agencies, SGMA provides that other entities are eligible to participate in GSAs. Various eligible entities with the SLO Basin, including Golden State Water Company, Edna Ranch Mutual Water Company (ERMWC), Varian Ranch Mutual Water Company (VRMWC), and Edna Valley Growers Mutual Water Company (collectively, Participating Parties), have been engaged in developing the SLO Basin’s governance structure and outreaching to local stakeholders since 2015. The City, County, and the Participating Parties entered into a Memorandum of Agreement (MOA) for the purposes of establishing how the City and the County, with input from the Participating Parties, will coordinate to develop a single GSP. The MOA also established the Groundwater Packet Pg. 326 Item 13 Sustainability Commission (Commission) composed of five members representing the City, County, and the Participating Parties (ERMWC and VRMWC are collectively represented by one member), which will serve as an advisory committee to both GSAs in connection with the preparation of a single GSP. Once developed, the GSP will the be considered for adoption by each GSA and subsequently submitted to the California Department of Water Resources (DWR) for approval. Interested parties are encouraged to participate in the GSP development. It is anticipated that the GSP consultant, once retained by the County (anticipated in early 2019), will develop a stakeholder outreach and engagement plan in coordination with the GSAs and Commission. The MOA allows that the GSAs may decide to jointly establish one or more advisory committees to the Commission in order to consider the interests of beneficial uses and users not already represented. These stakeholder engagement decisions will be made during the early stages of the GSP development, once the County retains a GSP consultant. In the meantime, interest parties can participate in the GSP development by attending the Commission meeting and/or related public workshops. All meetings of the Commission will be conducted in accordance with the Ralph M. Brown Act (Government Code §§54950 et seq.). The Commission meeting dates and locations will be posted by each GSA and noticed through the interested stakeholder email list and press releases. Interested parties can visit the County’s SGMA webpage at: www.slowater.org/sgma to get additional information, view the MOA, sign up for the interested stakeholder email list , and to see materials for past or upcoming meetings related to the GSP development. The City, the County, and the Commission look forward to working with the DWR and SLO Basin stakeholders towards sustainable groundwater management planning and implementation. Please contact Aaron Floyd, Interim Director of Utilities, at (805)781 -7237 if you have questions or comments. Sincerely, Mayor Heidi Harmon Attachment: Vicinity Map cc: Dane Mathis, Department of Water Resources Matthew Owens, Department of Water Resources John Peschong, County of San Luis Obispo Bob, Schiebelhut, Edna Valley Growers Mutual Water Company Mark Zimmer, Golder State Water Company Andy Mangano, Edna Ranch Mutual Water Company James Lokey, Varian Ranch Mutual Water Company Packet Pg. 327 Item 13 Packet Pg. 328Item 13 Page intentionally left blank. Packet Pg. 329 Item 13